Stutsman County Drafts New Zoning Ordinances for Data Centers and Solar Facilities
January 4, 2026
Officials in Stutsman County, North Dakota, are drafting new zoning regulations aimed at managing the potential growth of data centers and commercial solar energy facilities within its jurisdiction. This move highlights the increasing pressure on local governments to balance economic development from energy-intensive industries with community concerns over noise, aesthetics, and land use.
According to Tyler Perleberg, the county's director of tax equalization and zoning administrator, the Stutsman County Planning and Zoning Commission is developing the first draft of these ordinances. The commission is also considering making battery energy storage systems and carbon capture projects conditional uses, requiring county-level review before construction. A formal meeting to consider the proposals is anticipated in the first two months of 2026, pending member schedules. If approved by the planning commission, the ordinances would advance to the Stutsman County Commission for final adoption.
The proposed rules for data centers are notably stringent, mandating a minimum 2-mile setback from any dwelling, school, park, or place of religious assembly. Furthermore, any new data center must be located at least 3 miles from any existing data center. The draft also requires security fencing, regulated exterior lighting, and facade standards. Developers would need to submit an acoustic study and detail noise mitigation plans during the application process. “Data center noise and lighting are the biggest issues we hear about,” Perleberg noted, explaining the rationale behind the strict provisions.
For commercial solar farms, the ordinance proposes a security fence and gates, a 100-foot setback from property lines, and a half-mile buffer from any occupied residence. Facilities must also be at least 165 feet from a township road and 250 feet from any county, state, or federal highway. These rules would not apply to smaller residential or agricultural solar installations.
The county's initiative is partly a proactive measure. “We are trying to be proactive,” Perleberg stated. “If we ever get a phone call saying someone is looking at coming here, we want to have something in place.” The ordinances would primarily apply in remote townships without their own zoning authority, as areas like Midway Township—home to an existing Applied Digital data center—already have local zoning control.
The potential impact of these regulations is significant for the data center and renewable energy sectors eyeing expansion in the region. By establishing clear, albeit restrictive, guidelines upfront, Stutsman County aims to preempt conflicts and provide a predictable framework for developers while safeguarding community interests. County Commissioner Amanda Hastings, a planning commission member, summarized the balancing act: “We are looking to protect the people of Stutsman County and still keep the options open for future growth while protecting our culture.” If passed, these ordinances would join existing county regulations governing wind farms, feedlots, and other specialized land uses.
Source: jamestownsun
